Mr. Speaker, I am pleased to rise to table this petition from many residents in the province of Ontario, related to Bill S-240, which is in the Senate. The petition urges the Parliament of Canada to move quickly on the proposed legislation so to amend the Criminal Code and the Immigration and Refugee Protection Act to prohibit Canadians from travelling abroad to acquire human organs removed without consent or as a result of financial transactions, and to render inadmissible to Canada any and all permanent residents or foreign nationals who have participated in this abhorrent trade in human organs.

With regard to the decision taken by the Minister of Employment, Workforce Development and Labour to apply an attestation requirement to the Canada Summer Jobs program: (a) on what date did the Minister authorize the use of the attestation for the 2018 Canada Summer Job program; (b) did the Minister seek legal advice for her decision from the Department of Justice or other sources prior to implementing the attestation; (c) if the answer to (b) is affirmative, when was the advice initially (i) sought, (ii) received; (d) did the Minister seek legal advice for her decision from the Department of Justice or other sources after the implementation of the attestation; and (e) if the answer to (d) is affirmative, when was the advice initially (i) sought, (ii) received?

With regard to Canada's defence policy, “Strong, Secure, Engaged”, which states that the government will “ensure that all pre-release and pension administration is completed, and benefits are in place, before the transition to post-military life”: (a) how many Canadian Armed Forces members have been medically released since June 7, 2017; and (b) of the individuals referred to in (a), how many have transitioned to post-military life without all pre-release and pension administration completed and benefits in place?

Serge CormierLiberalParliamentary Secretary to the Minister of National Defence

Mr. Speaker, with regard to part (a), since 10 July 2017, 2,020 military personnel have been released for medical reasons. Of these, 1,742 were regular force, 272 were from the primary reserve, five were reservists responsible for cadet training, and one was on the supplementary reserve list. Starting on 10 July 2017, the Canadian Armed Forces, CAF, adopted a new database and a revised review process to track release files more efficiently and to accelerate the delivery of benefits to members. The information prior to this date is therefore not available.

With regard to part (b), it is CAF practice not to release personnel until the documentation to receive benefits is completed. Once released the member will begin receiving benefits. Within 45 days of receiving all necessary documents, Public Services and Procurement Canada, PSPC, starts administering entitlements under the Canadian Forces Superannuation Act. Within four to six weeks, the CAF begins to pay Canadian Forces severance pay and leave cash-out for eligible personnel.

The same practice applies to CAF personnel releasing with medical issues. The CAF, however, will not hold an individual who wishes to release early to pursue employment opportunities.

Veterans Affairs Canada also provides benefits to CAF members who are released for medical reasons. As committed to in “Strong, Secure, Engaged”, the department is working with Veterans Affairs Canada to transition CAF members seamlessly to post-military life.

With regard to the Persian Gulf War, which took place between 1990 and 1991, and as of June 1, 2018: (a) how much capital has been spent by the government to commemorate the participation of the Canadian Armed Forces in the conflict; (b) which government programs have (i) received funding requests or applications to commemorate Canadian participation in the conflict, (ii) granted funding to groups or organizations seeking to commemorate that participation, (iii) rejected funding requests by a group or organization seeking to commemorate that participation; and (c) what criteria did the government use to reject the funding requests mentioned in (b)(iii)?

Seamus O'ReganMinister of Veterans Affairs and Associate Minister of National Defence, Lib.

Mr. Speaker, with regard to (a), Veterans Affairs Canada, through the commemorative partnership program, provides program funding, but does not have a capital vote. Veterans Affairs Canada has operating and management funding.

With regard to (b), the commemorative partnership program of Veterans Affairs Canada has not received any funding requests or applications from June 1, 2018 to September 13, 2018 to commemorate Canadian participation in the Persian Gulf War conflict that took place between 1990 and 1991. The commemorative partnership program, CPP, provides funding to organizations undertaking remembrance initiatives such as commemorative activities, the development of commemorative resources and the construction, restoration or expansion of community war memorials. In 2017-18, the commemorative partnership program approved approximately $2.1 million in funding for close to 200 projects across Canada.

With regard to the Persian Gulf War, which took place between 1990 and 1991: (a) are Canadian veterans of the Persian Gulf War eligible for Veterans Affairs Canada benefits in the same manner as all Canadian Armed Forces veterans; and (b) if the answer to (a) is negative, what are the justifications for not providing equal benefits to these veterans?

Seamus O'ReganLiberalMinister of Veterans Affairs and Associate Minister of National Defence

Mr. Speaker, with regard to (a), yes, Canadian veterans of the Persian Gulf War are eligible for Veterans Affairs Canada benefits in the same manner as all Canadian Armed Forces veterans.

The Gulf and Kuwait War of 1990-91 officially began with the invasion of Kuwait by Iraq in August 1990. The Canadian military participated in the subsequent blockade and war until it ended in February 1991. This special duty area service would include the following geographic areas: the Kingdom of Saudi Arabia, Kuwait, the Yemen Arab Republic, the Sultanate of Oman, Bahrain, the United Arab Emirates, Qatar, and their contiguous seas areas, between 32 and 75 degrees east longitude and 12 and 32 degrees north latitude. This special duty area came into effect on 11 August 1990 and remains in effect presently.

Under the Pension Act and the Veterans Well-being Act, a Canadian Armed Forces member or veteran is eligible for a disability pension or award for a disability or death resulting from injury or illness that was incurred during, attributable to, or aggravated during wartime service or special duty service. This eligibility is referred to as the insurance principle, as individuals are covered 24 hours a day, seven days a week, and only need to demonstrate that their disability had its onset during this qualifying period of service. They would receive similar benefits as other eligible Canadian Armed Force members or veterans who have served under special duty service. Unlike the compensation principle, no causal link needs to be established between the disability and military service. While serving in a special duty area, Canadian Armed Forces members are eligible under the insurance principle for service in the special duty area; travel to and from the special duty area; leave taken during service in the SDA, no matter where that leave is taken; and time spent in the third location decompression program.

While serving in a special duty area, Canadian Armed Forces members are eligible under the insurance principle for service in the special duty area; travel to and from the special duty area; leave taken during service in the SDA, no matter where that leave is taken; and time spent in the third location decompression program.

Information regarding special duty service can be found in the policy entitled “Disability Benefits in Respect of Wartime and Special Duty Service--The Insurance Principle” found at: http://www.veterans.gc.ca/eng/about-us/policy/document/1447

With regard to (b), it is not applicable because Canadian veterans of the Persian Gulf War are eligible for Veterans Affairs Canada benefits in the same manner as all Canadian Armed Forces veterans.

With regard to the number of citizenship certificates issued to Canadians born abroad between February 15, 1977, and April 17, 1981: (a) what was the number of retention applications received from Canadians born abroad between February 15, 1977, and April 17, 1981; and (b) what was the number of applications for passports that were denied to persons born abroad between February 15, 1977, and April 17, 1981, because they would have already lost Canadian citizenship?

With regard to meetings between Ministers or Parliamentary Secretaries and Omar Khadr in June 2018: (a) which Ministers or Parliamentary Secretaries met with Omar Khadr; and (b) what are the details of all such meetings, including date and location?

With regard to the government’s announced intent to create a new holiday: what is the complete list of First Nations and other organizations consulted by the government, as of September 17, 2018, in relation to the creation of a new holiday?

Andy FillmoreLiberalParliamentary Secretary to the Minister of Canadian Heritage and Multiculturalism

Mr. Speaker, the Minister of Canadian Heritage and Multiculturalism as well as his staff are involved in ongoing discussions with national indigenous organizations in their efforts to fulfill call to action 80 of the Truth and Reconciliation Commission of Canada.

With regard to convicted terrorists having internet and social media access in Canadian correctional institutions: (a) how many individuals are currently serving sentences in correctional facilities as a result of convictions for terrorism related offences; and (b) of the individuals in (a), how many have internet or social media access while incarcerated?

Ralph GoodaleLiberalMinister of Public Safety and Emergency Preparedness

Mr. Speaker, with regard to (a), on September 23, 2018, there were 17 offenders under the responsibility of CSC who were convicted of at least one terrorism-related offence. Fourteen of these offenders were in custody, and three were in the community under supervision.

“In custody” includes all active offenders incarcerated in a CSC facility, offenders on temporary absence from a CSC facility, offenders who are temporarily detained in a CSC facility and offenders on remand in a CSC facility.

“In the community under supervision” includes all active offenders on day parole, full parole, or statutory release in the community supervised on a long-term supervision order, offenders who are temporarily detained in a non-CSC facility, offenders who are unlawfully at large for less than 90 days, offenders on remand in a non-CSC facility, and offenders supervised and subject to an immigration hold by Canada Border Services Agency.

With regard to (b), for security reasons, any computers that can be accessed by inmates are not linked to CSC's security systems, external networks, or the Internet. Inmates incarcerated in federal correctional facilities have no access to the Internet or social media. As a result, should there be any online activity by an inmate, it is not occurring via a CSC computer.

CSC continues to manage the risks that computer access can pose on an ongoing basis, and current policy provides measures to detect any misuse of computers by inmates.

With regard to reports that the government is paying $3,800,000 in retention bonuses for three top Kinder Morgan Canada executives: are the retention bonuses part of the $4,500,000,000 purchase price the government is paying Kinder Morgan, or are the bonus payments a separate expenditure?

Mr. Speaker, on August 31, 2018, the Government of Canada purchased the entities that control the Trans Mountain pipeline and related assets.

The government acquired these entities when the political risks made it too difficult for the private sector to move forward. The facts and evidence demonstrated that the Trans Mountain expansion is in the national interest, and represents a sound investment for Canadians.

Prior to acquiring the project, Kinder Morgan was solely responsible for compensation decisions regarding members of the project team. The purchase agreement provided that Canada would honour the existing contracts in order to maintain continuity in Trans Mountain’s operations.

Compensation was set in employment contracts signed between key management personnel and Kinder Morgan prior to the government acquiring Trans Mountain. Employee salaries, including retention payments, should they be made in the future, are a business operating expense that is paid from business operating revenues.

With regard to the letters sent by the Minister of Health to opioid manufacturers and distributors requesting that they immediately stop promoting the drugs to health care providers: (a) on what date were the letters sent out; (b) how many letters were sent out; (c) how many responses did the Minister receive as of September 18, 2018; (d) of the responses in (c), how many indicated that they would fully comply with the request; (e) how many companies failed to respond; and (f) what specific measures has the government taken to encourage compliance with the request?

Mr. Speaker, with regard to part (a), on June 19, the Minister of Health sent a letter to manufacturers and distributors of opioids requesting that they respond to the opioid crisis by immediately suspending any and all marketing and advertising of opioids to health care professionals on a voluntary basis. Furthermore, on August 17, Health Canada sent additional call to action letters to the pharmaceutical industry and organizations in Canada.

With regard to part (b), 88 letters were sent out on June 19, and 14 letters were sent out on August 17, totalling 102 letters sent to pharmaceutical companies and industry organizations in Canada. A list of these companies and organizations and the letters were made public on September 5, and are available at www.canada.ca/en/health-canada/services/substance-use/problematic-prescription-drug-use/opioids/responding-canada-opioid-crisis/industry-response.html.

With regard to parts (c) and (e), as of September 27, 31 responses from pharmaceutical companies and two responses from industry groups were received. The Response to the Call on the Pharmaceutical Industry to Voluntarily Suspend Marketing and Advertising of Opioids web page will continue to be updated as more responses are received.

A summary of companies that received a letter and the correspondence received by Health Canada is available at www.canada.ca/en/health-canada/services/substance-use/problematic-prescription-drug-use/opioids/responding-canada-opioid-crisis/industry-response.html.

With regard to (d), copies of the correspondence may be requested at www.canada.ca/en/health-canada/services/substance-use/problematic-prescription-drug-use/opioids/responding-canada-opioid-crisis/industry-response.html.

Six respondents committed to suspending promotional and advertising activities; 24 respondents reported they do not distribute opioids, or do not market or promote opioids in Canada; one respondent stated it only markets opioid products to treat opioid use disorder; and two responses from industry groups indicated support for the government’s efforts to address the opioid crisis and expressed an interest in collaborating going forward.

With regard to (f), further to the voluntary call to action letters, Health Canada has created a dedicated compliance and enforcement team to proactively monitor opioid marketing in order to identify and take action against inappropriate marketing.

With regard to the methods used within the Department of National Defence and the Canadian Armed Forces including Army Command (combined, “the Canadian military”) to secure accurate knowledge about whether there was reason to be concerned about incidents of, or the practice of, torture in Afghanistan during Canada’s military presence there: (a) was any research conducted within the Canadian military in 2006, 2007 and 2008, that focused, in whole or in part, on determining whether soldiers serving in Afghanistan had, during their deployment, witnessed anyone within their units committing torture and, if so, what were the parameters or, if they were formalized, terms of reference of the research; (b) if such research was conducted, what was the name and institutional position of the person who ordered or commissioned such research and which units and persons (names and institutional positions) were involved in the research, in whatever capacity, including conducting, supervising and evaluating the research; (c) if conducted, did the research eventuate in a written document (however termed, whether report, memo, or other) and, if so, what was the title and other identifying reference of the report and what were its essential conclusions; (d) if a research report, memo or like document (“report”) eventuated, to whom in the Canadian chain of command did the report or any mention of the report circulate and, specifically, were the Commander of the Army, the Commander of Canadian Expeditionary Force Command, the Chief of Defence Staff, the Minister of National Defence and the Prime Minister made aware of the results of such research and, if any of persons in those five positions at the material time were not made aware, why were they not and who made the decisions not to make them aware; (e) if a report eventuated, were its findings accepted and, if so, did it impact policy or practice in any respect and, if questioned in whole or in part, what questions were raised about the research and were efforts made to do follow-up research to address some or all of those questions and, if so, what was the nature of such follow-up research; (f) if there was follow-up research (of any kind, including checking of research methodology or of the phrasing of any interview or survey questions), did it include asking whether any other state’s military had conducted similar or analogous research or whether the Canadian research instrument may have drawn on research conducted by another military and, if so, was it considered whether the US Army Research Institute had ever conducted similar or analogous research and, if so, was the US Army Research Institute consulted about the questions being raised about the Canadian research results; (g) if follow-up research was conducted, did that follow-up research eventuate in a written document (however termed, whether report, memo, or other) and, if so, what was the title and other identifying reference of the report and what were its essential conclusions; and (h) whether or not follow-up research was conducted, was the initial research and any report eventuating from it suppressed (by whatever term may have been used formally or informally, such as “shelved”) and, if so, why and who made this decision?

Serge CormierLiberalParliamentary Secretary to the Minister of National Defence

Mr. Speaker, respect for the rule of law is an essential aspect of all Canadian Armed Forces, CAF, operations. Throughout Canada’s military operations in Afghanistan, members of the CAF consistently demonstrated tremendous professionalism in their respective roles. Promoting human rights was a core element of Canada’s engagement in Afghanistan and Canada made significant investments to help build capacity in rule of law functions, including police, judicial and correctional services. Canada funded and worked closely with independent organizations, including the Afghanistan Independent Human Rights Commission.

Allegations of misconduct during military operations in Afghanistan have been investigated numerous times. These include boards of inquiry in 2009 and 2010, a public interest hearing by the Military Police Complaints Commission in 2012, a litigation in the Federal Court of Canada brought by Amnesty International and a public interest investigation launched by the Military Police Complaints Commission in 2015. Investigations resulted in no evidence of criminal wrongdoing by CAF members. In 2010, a rigorous board of inquiry process provided an opportunity for the CAF to improve its governance and accountability structures, especially for the Canadian Special Operations Forces Command, which is now better integrated into the CAF structure. Training regarding rules of engagement, codes of conduct and reporting obligations as they relate to violations of the law of armed conflict have also been strengthened.

In addition to publishing reports on investigations, the Department of National Defence, DND, and the CAF have made public numerous memos, reports and other documents on the treatment of Afghan detainees over the past decade through various access to information requests. In addition, a number of documents on the treatment of detainees have also been released during various parliamentary sessions through parliamentary returns. These are available from the Library of Parliament.

DND/CAF conducted a search of its electronic document tracking system, as well as available electronic and physical records of relevant groups, which confirmed that, while this issue was monitored as part of routine examination, no research was formally commissioned nor were formal reports produced on the issue of alleged incidents or the practice of torture.